Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15993 of 2021 Applicant :- Rajesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Notice was issued to the opposite party no.2 vide order dated 05.04.2021. As per the office report dated 03.06.2021, a report dated 17.04.2021 of C.J.M. concerned has been received stating therein that notice has been served on the opposite party no.2.
The perusal of the said report shows that notice has been served personally on the opposite party no.2.
No one appears on behalf of the opposite party no.2 even when the matter has been taken up in the revised list.
Heard Sri Mahesh Prasad Yadav, learned counsel for the applicant and Sri R.S. Maurya, learned Maurya, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rajesh seeking enlargement on bail during trial in connection with Case Crime No. 43 of 2020, under Sections 363, 366-A, 376 I.P.C. and 5(j) (ii)/6 POCSO Act, Police Station Talbehat, District Lalitpur.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a major girl and her date of birth has been mentioned as 19 years in the certificate of C.M.O. concerned, copy of which is annexed at page 53 of the affidavit. It is argued that the victim in her statement under Section 161 Cr.P.C. and 164 Cr.P.C. has stated that she went with the applicant out of her own sweet will. It is further argued that the victim has solemnized her marriage with the applicant in Arya Samaj Mandir, Delhi, copy of the marriage certificate is annexed as annexure 10 to the affidavit. He further argued that the applicant has no criminal history as stated in para 34 of the affidavit and is in jail since 27.08.2020.
Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the arguments as raised.
After having heard learned counsels for the parties and perusing the records, it is apparent that the victim is a major girl aged about 19 years of age as per the certificate issued by the C.M.O. concerned. She has performed her marriage with the applicant on her own sweet will.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Rajesh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 M. ARIF (Samit Gopal, J.)